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The Code of Civil Procedure, 1908: page 128

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 128, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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         (b) in the event the respondent seeks to rely upon any documentary evidence in its reply, the
    respondent must—
              (i) include such documentary evidence in its reply; and
              (ii) identify the relevant content of such documentary evidence on which the respondent
         relies;
         (c) the reply must state the reason why there are real prospects of succeeding on the claim or
    defending the claim, as the case may be;
         (d) the reply must concisely state the issues that should be framed for trial;
         (e) the reply must identify what further evidence shall be brought on record at trial that could not
    be brought on record at the stage of summary judgment; and
         (f) the reply must state why, in light of the evidence or material on record if any, the Court should
    not proceed to summary judgment.
    5. Evidence for hearing of summary judgment.—(1) Notwithstanding anything in this Order, if the
respondent in an application for summary judgment wishes to rely on additional documentary evidence
during the hearing, the respondent must:—
         (a) file such documentary evidence; and
         (b) serve copies of such documentary evidence on every other party to the application at least
    fifteen days prior to the date of the hearing.                    e
    (2) Notwithstanding anything in this Order, if the applicant for summary judgment wishes to rely on
                                                                od
documentary evidence in reply to the defendant’s documentary evidence, the applicant must:—
         (a) file such documentary evidence in reply; andaC
         (b) serve a copy of such documentary evidence on the respondent at least five days prior to the
    date of the hearing.                             di
                                                In
    (3) Notwithstanding anything to the contrary, sub-rules (1) and (2) shall not require documentary
evidence to be:—
         (a) filed if such documentary evidence has already been filed; or
         (b) served on a party on whom it has already been served.
    6. Orders that may be made by Court.—(1) On an application made under this Order, the Court
may make such orders that it may deem fit in its discretion including the following:—
         (a) judgment on the claim;
         (b) conditional order in accordance with Rule 7 mentioned hereunder;
         (c) dismissing the application;
         (d) dismissing part of the claim and a judgment on part of the claim that is not dismissed;
         (e) striking out the pleadings (whether in whole or in part); or
         (f) further directions to proceed for case management under Order XV-A.
    (2) Where the Court makes any of the orders as set forth in sub-rule (1)(a) to (f), the Court shall
record its reasons for making such order.
    7. Conditional order.—(1) Where it appears to the Court that it is possible that a claim or defence
may succeed but it is improbable that it shall do so, the Court may make a conditional order as set forth in
Rule 6 (1)(b).
    (2) Where the Court makes a conditional order, it may:—
         (a) make it subject to all or any of the following conditions:—
              (i) require a party to deposit a sum of money in the Court;
              (ii) require a party to take a specified step in relation to the claim or defence, as the case may
         be;
              (iii) require a party, as the case may be, to give such security or provide such surety for
         restitution of costs as the Court deems fit and proper;


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